Indian Penal Code, 1860, Section 302, 324, 323, 34 -- Different places, as the scene of offence, described by different eye witnesses - Suppression of earlier FIR - All this reveals that prosecution wanted to suppress and has suppressed the real incident and culpability of real culprits - Acquittal calls for no interference...........
Indian Penal Code, 1860, Section 324, 379, Evidence Act, 1872, Section 9 -- Theft - Identity of accused - Accused allegedly assaulted car driver with iron rod and took away car belonging to informant - Statement of car driver recoded after 3-1/2 years of incident - Injured car driver categorically denied accused to be person who flew away car after assaulting him - No..........
Criminal Procedure Code, 1973, Section 401, Indian Penal Code, 1860, Section 326, 324, 323, 34 -- Appeal against acquittal - Complainant party was not interested in lodging FIR and only after four days, they have decided to register FIR - Statement of doctor who conducted x-rays and MLRs of injured witnesses that possibility of self-inflicted injuries on all injured..........
Criminal Procedure Code, 1973, Section 378(3), Indian Penal Code, 1860, Section 323, 324, 307, 506, 149 -- Appeal against acquittal - Victim stated that mob came there with muffled faces and they caused injuries to him but due to darkness and muffled faces of assailants, he could not identify accused and also deposed that he knew all accused present in Court but none of..........
Indian Penal Code, 1860, Section 354, 324 -- Outraging modesty of woman - Eye witnesses of occurrence not supported prosecution case and denied their presence on the spot of occurrence - Whole testimony of complainant becomes vulnerable, when other witnesses not supported prosecution case - Prosecution failed to prove guilt of accused conclusively and beyond reasonable..........
Indian Penal Code, 1860, Section 323, 324, 147, 148, 149 -- Offence u/ss 323, 324, 147, 148, 149 IPC - Marpeet by both sides admitted - Mere acquittal in cross-case is not determinative that accused of cross-case were not aggressor, as accused need not prove his case beyond all reasonable doubt - Accused had only to show by preponderance of probabilities that his plea of..........
Indian Penal Code, 1860, Section 302, 143, 148, 149, 114, 324 -- Murder - Unlawful assembly - Acquittal upheld on following grounds: (i) Motive not proved; (ii) Testimonies of eye witnesses and their presence at the spot doubtful; (iii) Delay in making FIR not explained; (iv) Search and seizure doubtful as blood stained clothes of witnesses not seized; (v) Police officer..........
Indian Penal Code, 1860, Section 324, 325, 148, 149 -- Delay of 11 days in lodging FIR - No satisfactorily explanation for such inordinate delay - Unreasonable and undue delay of filing FIR can throw a cloud of suspicion on deeds of prosecution case - Testimony of complainant was wholly inconsistent and replete with contradictions - High Court committed grave error by..........
Indian Penal Code, 1860, Section 323, 324, 325, 326, 504, 506 -- Voluntarily causing hurt and grievous hurt - Accused assaulted injured persons with lathis fitted with farsa - FIR lodged after 2-1/2 days and no explanation given for such delay - I.O not stated in his evidence that injuries sustained by injured were caused by accused persons - Infact injured had received..........
Indian Penal Code, 1860, Section 302, 324, 326, 147, 148, 149 -- Murder - Five persons assaulted and one died - Four injured were alive but only first informant and his sister were examined, rest injured withheld by prosecution - No independent witness to support the prosecution version - Motive assigned was not sufficient - Prosecution failed to establish the place of..........
